CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025

The instrument applies directly to two classes of person: the RPA operator and the remote pilot (subsection 3(1)). Both must be acting in connection with a relevant operation.

RPA operators

The RPA operator must be an emergency service RPA operator as defined and must hold a ReOC. The instrument imposes obligations on the operator that extend well beyond the conduct of individual flights, including:

• obtaining CASA approval of documented practices and procedures;
• ensuring RPAs are configured within speed limits;
• ensuring appropriate parachute recovery systems are fitted;
• retaining records and submitting reports to CASA;
• making arrangements for CASA observers on request.

Remote pilots

A remote pilot must be an employee or member of an emergency service RPA operator. They must hold a remote pilot licence or be taken to hold one under subregulation 202.461(3) of CASR, be the pilot in control of the relevant RPA, be acting at the direction of their RPA operator in a relevant operation, and have such other qualifications and experience as specified in the operator documented practices and procedures.

Organisations within scope

The class of eligible organisations is closed. It includes Commonwealth, State and Territory police forces and services, the ADF, AMSA, Australian Border Force, State and Territory fire, emergency, parks, wildlife and forestry services, and lifeguard services at State, Territory or Commonwealth level. Local government entities and private contractors are not within scope unless they fall within one of the listed categories.

The exemptions granted

Subsection 4(1) provides exemptions from the following Part 101 provisions:

• Regulation 101.073 (BVLOS operations)
• Regulation 101.095 (weather and day-only limitations)
• Regulation 101.245 (operations near people)
• Regulation 101.250 (very small or small RPAs operating near populous areas)
• Regulation 101.280 (operations over a populous area)
• Paragraph 101.300(4)(b) (certain remote pilot licence conditions)
• Subregulation 101.300(6), but only in respect of paragraph 101.300(4)(b) (offence provisions relating to licence conditions)

These exemptions are not self-executing. They are subject to compliance with every condition in Schedule 1. If any condition is not met, the exemption does not apply to that operation, and the operator and remote pilot are exposed to the underlying Part 101 obligations and any applicable offences.

Schedule 1 conditions

Schedule 1 contains 11 substantive clauses imposing mandatory conditions.

Documented practices and procedures (clause 2)

The RPA operator must not conduct an emergency service RPA operation unless CASA has approved its documented practices and procedures. The documented practices and procedures must include: a schedule of relevant RPAs with make, model, configuration and gross weight; equipment specifications and procedures for detecting crewed aircraft within 5 nautical miles and evading them; procedures for traffic coordination if operating around crewed aircraft; remote operating centre requirements and procedures; BVLOS operating procedures addressing the specific operating area, flight planning, operational area assessment, populous area operations, criteria for controlled ground areas, normal and abnormal procedures including navigation, night operations, non-VMC operations and ground observation; training and testing procedures; record retention procedures; risk assessment procedures; minimum deployment requirements for each RPA type; and a copy of the exemption instrument.

All relevant operations must be conducted in accordance with the approved documented practices and procedures. In the event of conflict, the instrument prevails.

Altitude limits (clause 3)

For visual line of sight operations, the limit is 400 ft AGL. For BVLOS operations, the limit is 300 ft AGL during the day and 400 ft AGL at night.

Speed limits (clause 4)

The RPA operator must ensure that each RPA is configured not to exceed the speed specified in Table 4: Type A and Type B RPAs are limited to 25 m/sec; Type C to 18.75 m/sec; Types D, E and F to 35 m/sec.

Operating area density restrictions (clause 5)

Clause 5 and Table 5 impose a graduated system of restrictions based on population density of the operating area. The table describes five categories of operating area, from controlled ground areas and evacuated areas (Item 1, all RPA types permitted) through to urban areas (Item 5, where only Type A RPAs may be used without additional conditions, and Type B and C RPAs are subject to stringent requirements including High M2 approved parachute recovery systems for BVLOS operations, and Medium M2 systems plus visual observers for visual line of sight operations).

Approved parachute recovery systems (clause 6)

Certain RPAs must be fitted with specific approved parachute recovery systems. For example, a Type B RPA that is a DJI Mavic must use the applicable ParaZero SafeAir system; a Type C RPA that is a DJI M30/T must use an AVSS PRS-M30; a Type D RPA that is a DJI Matrice 300 RTK must use a specified ParaZero SafeAir system. These systems must have the Medium M2 or High M2 approval required by Table 5 for the relevant operating area. Other CASA-approved systems may be used if approved in writing or by publication.

Geofencing and independent flight termination (clause 7)

All relevant RPAs other than Type A must have an electronic geofence in place restricting them from exiting the operational area. Type B, C and D RPAs must not be operated within 1 km of an event or gathering with more than 40,000 people unless fitted with an independent flight termination system. Type F RPAs must have such a system by definition.

Safe separation from people (clause 8)

A relevant RPA other than Type A must not be operated within 15 m of a person unless the person has consented, or the RPA has no exposed rotors and is travelling at a speed the remote pilot reasonably considers low enough to minimise impact injuries, or the person is shielded.

Overflight of gatherings is prohibited for relevant RPAs other than Type A, or Type B or C RPAs fitted with a High M2 approved parachute recovery system.

Overflight of crowds at major gatherings or organised events is prohibited for relevant RPAs other than Type A, or Type B RPAs fitted with a High M2 approved parachute recovery system. Where a Type A RPA or a Type B RPA with a High M2 system is operated over such a crowd, the remote pilot must, as far as practicable, avoid sustained overflight.

Overflight of moving vehicles is prohibited except for Type A or Type B RPAs, or Type C RPAs operating in a controlled ground area where the remote pilot reasonably considers it necessary in the context of the emergency operation.

Airspace and traffic risk management (clause 9)

BVLOS operations are prohibited within 5 nautical miles of a controlled aerodrome, within 5 nautical miles of a non-controlled aerodrome during a relevant event, or within the no-fly area of a non-controlled aerodrome unless specific requirements are met. Those requirements include: prior permission from the aerodrome operator with confirmation of no expected aircraft movements; visual confirmation of no crewed aircraft in the vicinity; night operations with ADS-B monitoring within 10 nautical miles; or maintaining separation of 1,000 ft vertically or 1,500 m horizontally (or as coordinated with the aerodrome operator).

BVLOS operations in the vicinity of published VFR routes near aerodromes in areas where crewed aircraft movements below 500 ft AGL are expected are prohibited unless a NOTAM has been published.

BVLOS operations above 200 ft AGL are prohibited unless the operator is monitoring ADS-B and aeronautical radio, and in non-controlled airspace the remote pilot makes radio broadcasts of the RPA position on launch and at any other time considered necessary.

Data collection and reporting (clause 10)

The RPA operator must retain records of flight logs, telemetry data, remote pilot training records, maintenance details, incident and accident reports, parachute deployments, deviations from documented practices and procedures, and NOTAMs published in respect of operations.

A written report must be provided to CASA within 24 hours of any serious incident or accident involving damage to property or a person.

The operator must submit written reports to CASA at intervals of no more than three months, covering total flights, incidents, parachute deployments, and deviations from documented practices and procedures. These reports must continue until three months after the exemptions cease.

Records must be made available for CASA inspection on request.

CASA observers (clause 11)

On written request by an Executive Manager of CASA, an RPA operator that has used or intends to use the instrument must make arrangements for a CASA officer to observe a relevant operation at CASA expense.

The instrument itself does not create new penalty provisions. The exemptions operate to disapply specified offence and obligation provisions of Part 101 of CASR. If the conditions in Schedule 1 are not met for a particular operation, the exemption does not apply, and the operator and remote pilot are exposed to the underlying regulatory requirements and any associated offence provisions.

The exemption from subregulation 101.300(6) is expressly limited to the offence provision relating to paragraph 101.300(4)(b) (remote pilot licence conditions). Other Part 101 offence provisions remain applicable unless specifically exempted.

The reporting obligations in clause 10 of Schedule 1 create positive duties. Failure to provide the 24-hour report of a serious incident or accident, or failure to submit quarterly reports, would constitute non-compliance with a condition of the exemption. That non-compliance would mean the exemption was not available for the operation in question and, depending on the circumstances, could expose the operator to enforcement action for the underlying Part 101 contravention.

The instrument does not contain express provisions deeming non-compliance with Schedule 1 conditions to be an offence. The enforcement mechanism is structural: the exemption is conditional, and breach of condition removes the exemption.

Part 101 of CASR

This is the principal instrument with which EX108/25 interacts. The exemptions in subsection 4(1) are exemptions from specific regulations within Part 101. Where the exemption applies and conditions are met, those regulations do not apply. Where the exemption does not apply (whether because the operation is not a relevant operation, the operator is not an emergency service RPA operator, or conditions are not met), Part 101 applies according to its terms.

Part 101 Manual of Standards

The instrument adopts the definition of documented practices and procedures from the Part 101 Manual of Standards. The note to that definition indicates that documented practices and procedures must be approved by CASA, and reapproval is required for significant changes after approval.

The instrument also adopts the definition of relevant event from section 9.02 of the Part 101 Manual of Standards, modified so that the reference to a manned aircraft is read as a reference to an RPA. This is significant for the airspace restrictions in clause 9 of Schedule 1, which prohibit BVLOS operations within 5 nautical miles of a non-controlled aerodrome during a relevant event.

Civil Aviation Act 1988

Terms not otherwise defined in the instrument take their meaning from the Civil Aviation Act 1988 and its regulations (subsection 2(3)). This ensures consistency with the broader civil aviation legislative framework.

Interaction with ReOC conditions

The instrument does not expressly address interaction with conditions on an operator ReOC. However, clause 2.3 requires operations to be conducted in accordance with the operator documented practices and procedures. Since those documented practices and procedures must be approved by CASA, there is an indirect alignment mechanism. If a ReOC condition were inconsistent with the instrument, clause 2.4 provides that the instrument prevails.

The instrument was made on 23 December 2025 by Steven James Campbell, Executive Manager, National Operations and Standards, as a delegate of CASA. It was registered after that date and commenced on the day after registration.

The instrument does not include an explanatory statement or explicit policy rationale. The text does not refer to any superseded instrument or earlier exemption. There is no amendment history contained in the source text.

The instrument is expressed to be repealed at the end of 30 November 2028, but the operative exemptions cease 12 months after registration. This structure suggests an intention to allow the reporting obligations in clause 10.3 to continue for three months after the exemptions cease, and to keep the instrument in place for record-keeping and administrative purposes, while limiting the operative exemption period to one year.

The source text does not refer to any court challenges, litigation, or controversies relating to this instrument or its application. No decided cases are mentioned.

The 12-month sunset on the exemptions

Subsection 4(3) provides that the exemptions cease to be in force at the end of the day that is 12 months after registration. This is separate from the repeal date of the instrument (30 November 2028). Practitioners should note that the exemptions will expire in late 2026 (assuming registration in December 2025), well before the instrument is repealed. Operations conducted after the exemptions cease, even if the instrument remains on the CASA register, will not benefit from the exemptions. The reporting obligations in clause 10.3 continue for three months beyond the cessation of the exemptions, so the operator reporting obligations survive the operative period.

The consent condition in clause 8.1

Clause 8.1(a) permits operation within 15 m of a person if the person has consented. The instrument does not specify any requirements for the form, timing, or revocability of consent. It does not address whether consent must be informed, whether it can be implied, or whether it can be given on behalf of others (for example, children or persons under control in an emergency). Operators should address consent protocols in their documented practices and procedures.

The shield definition

The definition of shield excludes moving vehicles. This means that an RPA cannot rely on a person being inside a moving vehicle as shielding, even if the vehicle would physically prevent impact. The shield must not be moving or flexing in any direction, which is a strict requirement that may be difficult to satisfy in dynamic emergency environments.

Population density classification

Table 5 uses descriptive categories such as "suburban area" and "urban area" without precise definitions. These terms are not defined in the instrument. Operators must make judgements about which category applies to a particular operating area, and those judgements determine which RPA types may be used and what additional conditions apply. An incorrect classification could result in the exemption not applying.

The 40,000-person threshold in clause 7.2

Type B, C and D RPAs must not be operated within 1 km of an event or gathering with more than 40,000 people unless fitted with an independent flight termination system. The instrument provides no guidance on how to determine whether an event or gathering exceeds 40,000 people, which may be difficult to assess in real time.

The NOTAM requirement in clause 9.3

Clause 9.3 prohibits BVLOS operations in the vicinity of published VFR routes near aerodromes in areas where crewed aircraft movements below 500 ft AGL are expected, unless a NOTAM has been published. The instrument does not specify who must cause the NOTAM to be published, though clause 10.1(h) requires records of NOTAMs caused to be published in respect of a relevant operation. Operators should ensure that NOTAM publication is addressed in their documented practices and procedures.

Exposed rotors and speed in clause 8.1(b)

Clause 8.1(b) permits operation within 15 m of a person if the RPA has no exposed rotors and is travelling at a speed the remote pilot reasonably considers low enough to minimise the risk of impact injuries. This is a subjective test ("reasonably considers") combined with an objective element ("low enough to minimise"). The interaction between the absence of exposed rotors and speed is not further elaborated. Operators may wish to specify objective speed thresholds in their documented practices and procedures.

Step 1: Confirm eligibility

An organisation must fall within the definition of emergency service RPA operator and hold a current ReOC. If the organisation is a police force or service, it must be established by statute. Organisations that do not appear on the list at section 2 cannot use this instrument.

Step 2: Prepare and obtain CASA approval of documented practices and procedures

This is the foundational compliance step. The documented practices and procedures must address all the matters listed in clause 2.2 of Schedule 1. They must be approved by CASA before any emergency service RPA operation is conducted under the instrument. If a significant change is required after approval, reapproval is necessary.

The documented practices and procedures should address, at a minimum: RPA schedule and configuration details; crewed aircraft detection and evasion procedures; traffic coordination procedures; remote operating centre procedures; BVLOS operating procedures covering the specific operating area, flight planning, populous area operations, controlled ground area criteria, navigation, night operations, non-VMC operations and ground observation; training and testing procedures; record-keeping procedures; risk assessment procedures; minimum deployment requirements per RPA type; and a copy of the instrument itself.

Step 3: Configure RPAs within speed limits

Before using an RPA, the operator must ensure it is configured not to exceed the speed limit in Table 4 for its type. This requires a configuration check before each operation or as part of fleet management.

Step 4: Fit approved parachute recovery systems where required

Determine which RPAs require parachute recovery systems under clause 6 and Table 5. Ensure the correct system is fitted (for example, ParaZero SafeAir for certain DJI models, AVSS PRS-M30 for DJI M30/T). Confirm that the system has the required Medium M2 or High M2 approval for the intended operating area. If using a system not listed in subclause 6.1, confirm CASA approval in writing or via the CASA website.

Step 5: Implement geofencing and termination systems

For all relevant RPAs except Type A, implement electronic geofencing restricting exit from the operational area. For Type B, C and D RPAs intended for use within 1 km of events or gatherings exceeding 40,000 people, fit an independent flight termination system. Type F RPAs must have this system by definition.

Step 6: Apply the population density framework

For each operation, classify the operating area according to Table 5. Determine which RPA types may be used and what additional conditions apply. For suburban areas (Item 4), Type B and C RPAs operating BVLOS require a Medium M2 approved parachute recovery system. For urban areas (Item 5), Type B and C RPAs require a High M2 system for BVLOS and a Medium M2 system plus a visual observer for visual line of sight operations.

Step 7: Comply with safe separation requirements

Maintain 15 m separation from persons unless one of the three exceptions applies (consent, no exposed rotors with safe speed, or shielding). Do not overfly gatherings or crowds at major gatherings or organised events unless using a Type A RPA or a qualifying Type B RPA with a High M2 system. If overflying a crowd with a permitted RPA, avoid sustained overflight as far as practicable. Do not overfly moving vehicles except as permitted.

Step 8: Manage airspace risks for BVLOS operations

Check aerodrome proximity. Do not operate BVLOS within 5 nautical miles of a controlled aerodrome. Do not operate BVLOS within 5 nautical miles of a non-controlled aerodrome during a relevant event. For other non-controlled aerodromes, comply with one or more of the requirements in subclause 9.2 before operating in the no-fly area. For operations above 200 ft AGL, monitor ADS-B and aeronautical radio, and make radio broadcasts in non-controlled airspace. For operations near VFR routes where crewed aircraft below 500 ft AGL are expected, ensure a NOTAM is published.

Step 9: Implement record-keeping and reporting systems

Establish systems to retain all records specified in clause 10.1. Prepare to submit 24-hour reports to CASA for serious incidents or accidents. Establish a quarterly reporting cycle covering total flights, incidents, parachute deployments, and deviations from documented practices and procedures. The reporting obligation commences on the date the instrument commences and continues until three months after the exemptions cease.

Step 10: Prepare for CASA observer requests

Ensure organisational readiness to accommodate CASA officers observing relevant operations on written request from an Executive Manager. CASA bears the expense, but the operator must make the arrangements.

Step 11: Monitor the exemption expiry date

The exemptions cease 12 months after registration. Plan operations and any transition back to full Part 101 compliance before that date. Note that the instrument remains in force until 30 November 2028, so reporting obligations and the obligation to make records available for inspection continue beyond the exemption period.